Ask a Lawyer : Chapter 25 - Living Wills

Organ Donation

Q. I believe very strongly that healthy organs should be donated to help others—but how can assure that my wishes in this regard are followed for my organs?

A. There is a great need for anatomical gifts (transplantable organs and tissues). Besides filing out the donation information on your drivers’ license (if that’s permitted by your state), you can see that your living will and durable health care power of attorney also express your wishes regarding organ donation. It is also important to point out to your family that your directions have been expressed in your documents.

Do Not Resuscitate

Q. I absolutely don’t want rescue personnel to try to save me. Besides executing a health care power of attorney and living will, what can I do?

A. Many states have passed laws that protect individuals from unwanted intervention by rescue personnel. These states enable doctors to issue emergency medical system “do not resuscitate” (EMS DNR) orders for patients who want to die at home. Some states only enable doctors to issue DNR orders for those patients who are terminally ill or chronically ill.

Without such orders, emergency medical personnel are legally bound to resuscitate any patient who has a chance for being revived. Even with a living will, unless a doctor writes a DNR Order, medical personnel are still required to do everything to resuscitate the patient.

If the patient has a DNR order, medics will not perform CPR is the patient’s heart or breathing has stopped, but they will treat other symptoms.

EMS DNR Orders can be revoked by patients or by the person acting as the patient’s attorney-in-fact under a durable power of attorney for health care.